DUI for Taking Prescribed Medication
The answer is yes, and the consequences can be severe. This is an important question that arises frequently, especially as authorities in Los Angeles are increasingly cracking down on individuals who are driving under the influence of alcohol, marijuana, or prescription drugs.
People would think – and I think rightfully so – why would you get in trouble if you take a prescription that your doctor prescribed and you end up having some bad reaction, and you crash, and the police contact you and try to claim that you are driving under the influence?
Unfortunately, if you're driving under the influence of anything – even prescribed medication and you cannot safely operate a motor vehicle – then you can be held accountable for a DUI in Los Angeles.
However, there are arguments for what's called involuntary intoxication. Voluntary intoxication is not a defense to most crimes in California related to DUI's and otherwise. But involuntary intoxication is when somebody becomes intoxicated, and it's not their fault. If they end up hurting somebody and getting a DUI, then that could be used as a complete defense to a DUI in Los Angeles.
So, it just kind of depends on the circumstances. Some prescriptions say on them, don't use this prescription and drive. If you use a drug and industry, you can be charged with a DUI in Los Angeles.
Other prescriptions don't say anything about it. But people will get in trouble when they start doing stuff like taking a prescription medication, mixing alcohol with it, and taking too much of their medicine.
If you're going to take an Ambien and then get in the car and drive, you're just asking for trouble. I can't tell you how many people I've seen crash into the center divider after they've taken an Ambien. You're going to be held responsible for a DUI.
So, it doesn't necessarily matter that you're taking prescribed medication if you're taking it improperly or the prosecutors don't care. They're going to look and say, wait a minute. Why is your person getting in the car and driving if this is the medication's reaction?
So, you get into a debate over what reaction you are talking about? Just because the police think they're under the influence of something doesn't necessarily mean they are. Now you get into the argument of, okay, well, how did they do on the field sobriety test related to the DUI? What was found in their system?
These cases can be complex, and it's crucial to have a legal expert on your side to navigate the issues and defenses related to prescription medication in DUI cases.
Defenses To A Prescription Medication DUI
As I've indicated, the best defense is listening; I didn't know this would give me this reaction. The doctor didn't fully explain it. It's not presented on the bottle, so, therefore, I'm involuntarily intoxicated.
I didn't realize this was going to happen. I shouldn't be held responsible for this DUI. That is a potential defense if the circumstances are ripe and make sense.
Another defense to prescription medication DUI is that you didn't take anything that other people haven't accepted, that you didn't feel any effects, and that you were not DUI. In other words, you could pass all their field sobriety tests.
In other words, you didn't blow any alcohol, any Marijuana. You had a prescribed medication with no restrictions on it as far as the driving went, and the police were simply wrong when they were trying to claim that you could not safely operate a motor vehicle.
When it comes to these prescription medication cases, the police's observations are the main things the prosecutors rely on. How were they walking? How were they talking? How were they driving? How does that person say they did when their drug recognition expert comes out and tests them related to the prescription medication DUI? What are the reasons or the rationale behind that?
Different issues can come up in these prescription DUI cases. Your best bet is to get in front of an attorney who has handled these cases, is local to the courthouse where your case is pending, and can do everything necessary and pull out all the stops for you because nobody wants a DUI, even if it does have to do with prescription medication.